If I was born abroad but am a US citizen and my 12 year old son was born in the UK and now after a visit doesn’t want to, what can I do if I don’t meet the residency requirements for him?

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If I was born abroad but am a US citizen and my 12 year old son was born in the UK and now after a visit doesn’t want to, what can I do if I don’t meet the residency requirements for him?

I moved to the US 7 months ago. My son decided to stay in UK with his grandmother. He came over to visit me in April for a vacation under the ESTA visa waiver program but has since decided that he does not want to go back. Both of my parents are US citizens along with my entire family on both sides. I was born in England but acquired my US citizenship from birth through my parents, unfortunately I do not quite meet the residency requirements for my son. I’m not sure what I need to do for him to be able to stay here permanently. I’ve looked on the USCIS website and it looks like I have to file form I-130 and then form I-485 but I’m wondering if there is another way?

Asked on June 15, 2015 under Immigration Law, Georgia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You cannot transmit US citizenship to your son automatically if you have not satisfied the residency requirements; however, you may be eligible to have your parents transmit it to your son, if they qualify.� There is a way for grandparents to transmit.� Also, if that is not possible, you simply file for I-130/I-485 on his behalf.� This is not an uncommon situation.� I can be of further assistance to you if you have questions.


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